Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1887-03-04

ing August, did not keep an account,
could not say how long he worked. Wit
ness made his home with Elijah Magoon.
Witness could not say just how he reached
Edson's, but thought Edison met him with
team while he was at Waits river on his
way to camp-meeting.
Edison Maguon testified that he had
never owned "a still. The still talked
about in this case belonged to Loren. At
the MeCrinnis place witness began buying
poultry. In the meantime Loren Magoon
and McCrlnnis went away one night and
came back with still, while witness was
chUpping wood at the door. They ran the
still. Herbert Clatlin helped witness chop
one day. Witness did not run this or any
other still ut the King place. Loren was
running one there.
Witness had a fight with Loren and had
had no Intercourse with him since. Eli
| DensmOre had sued witness and Loren
had been helping him. Witness then de
med in succession the allegations OF Loren
I, Magoon and McCrillis, as to his getting
and running still At this point court
| TOOK recess till p. m.
AT the opening of the afternoon session
Edison Magoon continued his testimony
and denied that he ever had an interest in
any still or had any knowledge of any
still being run at his place.
On the cross examination he admitted
that while he was choppng at the Nc
| Crlllis place he put wood on the fire under
! the boiler and placed snow about the
worm to keep it cool, but he had no inter
est i'll the still or cider.
| Loren Magoon was recalled and testified
| that he did not get piece of pipe at East
Corinth one day when Charles Hoyt rode
with him. Charles Hoyt then testified
that he went with Loren Magoon to East
Corinth and that the latter had piece of
pipe in his sleigh on the way home but
did not know where it was purchased.
Il, oil Il f,r IL Il
In rebuttal Byron Berry testified that
on the night that X. w Kennedy met
him at the Underhill cellar the latter was
intoxicated.
Kennedy called his attention to the still
and took him there. When they entered
the celler they found Edison Magoon.
There was a rousing fire under the boiler
and the cider was steaming up, the worm
having been removed. Kennedy inquired
if the United States would allow that. He
said that he had no pecuniary interest in
the still and no other interest than friend
ship for those interested. Witness told
him he thought he mad. On the cross eX-
animation witness said he had nothing
against Kennedy. 1t was after midnight
when witness had the conversation re
ferred to with Kennedy.
Mrs. Loren Magoon was than recalled
and testified that she knew Kennedy that
she heard Kennedy told Berry that he
would thrash the ground with him If he
was trying to pry into their business
that night Witness had not told this
story before testifying and had not talked
it over with Loren, as she had not eX-
peCted this to come out.
Loren Magoon remembered Kennedy
coming with Edison to his house after the
still Kennedy SAID Berry told him he
came to warn him as friend.
j. A. Brown, Esq, of this city opened
the argument for the prosecution He
rafn 70 foot hat har hnI haa
no bond filed in the office of the collector
of internal revenue, and insisted that the
fact that the respondent had been guilty
of Illicit distlling, had been proved
by several witnesses without contradict
ing evidence. 1t made no difference who
owned the still, but the question was
rather who was using it. But still fur
Their witnesses had sworn that Edison was
the owner of the still. Mr. Brown made a
vigorous argument and closed by saying
that it seemed to him that the govern
ment had made out clear case.
Upon some questions asked by c. II.
Heath, Esq, of Montpelier, counsel tor
the respondent Judge Wheeler said the
government had evidence tending to
prove six otfenses, but that there were
but three counts in the indictments one,
of distillng in Chelsea, another in Or
range and that they should select which
ever one of the other otlenses charged,
upon which they wished to secure a con
viction
Mr.. Heath then argued in behalf of the
respondent. He resented the imputation
cast upon Orange county by the opposing
counsel and informed them that govern
ors and congressman had been born and
brought up in the vicinity. He insisted
chat the governments case rested on the
evidence of Loren Magoon and McCrills
each of whom was under a cloud them
selves, and he charged that the latter were
q N Themselves
Heath gave general review of the case
and expressed the hope that the jury
would return the prisoner to his wife and
little ones who were waiting for him.
District Attorney Haskns followed. He
would not answer his opponent in regard
to the good people of Orange county.
There are good people there, but they did
not appear in this trial. If the respectable
people of the vicinity did know of this il
legal traffic they would not dare to say so
or appear against the accused owing to
the reputation of this family. He then
referred to Magoon's admissions to Col
lector Spear and touched upon the other
strong points in the case, making an adj
mirable argument.
Judge Wheeler then charged the jury.
1t was not claimed that Magoon gave
bond, so it was not necessary to discuss
that point. 1t was not necessary that
Edison should own the still or the cider
used but If he had tended a still he was
guilty That there was a still running at
the McCrillis place in Cornth, i'll 1883,
there was no doubt The question was
whether the respondent had a hand in
making the brandy. The same thing APP
Piled to the counts of the indictment re-
ferring TO running stills in Chelsea and
Orange.
The jury retired at $50 and while they
were out William Magoon was brought
into court and hearing was had in the
matter of his failure to appear as a wit
ness in response to subpoena. After a
few questions his case was continued.
The jury returned shortly before mid
night and rendered verdict of guilty on
the counts, charging the accused with
running distillery at Chelsea and
Corinth.
took IA recess till this morning at 0 O'Clock
when it is expected Asa Magoon's trial
will be begun.
Charles Magoon, brother of Edison, ar
rived Saturday night in custody of an of
ticer.
William Magoon Learns the Penalty of